HomeMy WebLinkAboutSandy's Danceworks CUP 03-027,,
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 07/15/03
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR APPROVAL
FOR A DANCE STUDIO USE IN AN
I-L ZONE, LOCATED AT 269 EAST
5TH AVENUE, MERIDLAN, IDAHO
SANDY'S DANCEWORK'S, LLC
DEVELOPMENT,
APPLICANT
Case No. CUP-03-027
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before the City
Council on July 15, 2003 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department,
and Michael McGinnis, appeared and testified, and the City Council having duly considered the
evidence and the record in this matter and the Recommendations to City Council issued by the
Planning and Zoning Commission who conducted a public hearing and the Council having heard
and taken oral and written testimony, and having duly considered the matter, the City Council
hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-
wit:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published for two
(2) consecutive weeks prior to the said public hearing scheduled for July 15, 2003, before the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page i of iq
City Council, the first publication appearing and written notice having been mailed to property
owners or purchasers of record within three hundred feet (300') of the external boundaries of the
property under consideration more than fifteen (15) days prior to said hearing and with the notice
of public hearing having been posted upon the property under consideration more than one week
before said hearing and the copies of all notices were made available to newspaper, radio and
television stations as public service announcements; and the matter having been duly considered
by the City Council at the July 15, 2003, public hearings; and the applicant, affected property
owners, and government subdivisions providing services within the planning jurisdiction of the
City of Meridian, having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by
the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
3. This proposed development request is in an I-L zone and by reason of the
provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City
Council on this application.
4. The property is located at 269 E. Sa' Avenue, (on the west side of E. Sa' Avenue,
north of Franklin Road, within the Meridian Business Park Subdivision), Meridian, Idaho, and
the parcel is existing within the city limits.
The owners of record of the subject properly are Wayne E. McDonald and Robert
L. Albrecht.
6. Applicant is Sandy's Danceworks, LLC.
The subject property is currently zoned I-L. The zoning district of Light Industrial
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page z of r4
~ i
(I-L) is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for a dance studio.
The I-L zoning designation within the City of Meridian Zoning and Development Ordinance
requires a Conditional Use Permit be obtained for most uses including those requested by the
Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1).
9. The proposed application is in compliance with the Meridian Comprehensive
Plan, which designates the subject property as Industrial.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The City Council recognizes the concerns of Roger Z. Brown and Catherine M.
Brown, expressed in their letter dated June 10, 2003.
12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning
maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance
establishing the Impact Area Boundary.
13. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public facilities and
services required by the proposed development will not impose expense upon the public if the
following conditions of development aze imposed and the following is also found to be required
to mitigate the effects of the proposed use and development upon services delivered by political
subdivisions providing services to the subject real property within the planning jurisdiction of the
City of Meridian, subject to the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page s of iq
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
All exterior lighting, whether attached to the building or located within the pazking lot, shall
be down-shielded or otherwise altered so that the light does not spill over onto adjacent
properties orright-of--way. All parking lot lighfing shall be in accordance with Ordinance 11-
13-4C.
2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City
Zoning and Development Ordinance. All new signage is subject to design review and shall
require separate permits. Temporary or portable signs shall be prohibited, and shall be
removed upon 3 days notice to the applicant.
3. All construction and site improvements shall conform to the requirements of the Americans
with Disabilities Act.
4. As part of a conditional use permit, the City of Meridian may impose additional
restrictions/conditions.
5. Any conditions added by the Planning & Zoning Commission or City Council pertaining to
the parking lot shall be complied with prior to occupancy.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Provide afire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire
hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
All internal roads shall have a turning radius of 28' inside and 48' outside.
4. All access roads within the project shall have a cleaz driving surface with a minimum width of
20' available at all times. UFC 902.2.2.1
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
6. Provide a fire alarm system if required.
Comply with the applicable sections of the Fire Code in particular the section on Exiting
requirements.
C. Adopt the Recommendations of Sanitary Service as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT -page 4 of rq
i
1. Waste generation and service needs are unknown at this time, but can be arranged at a later
date, applicant shall call Sanitary Service for an evaluation.
D. Adopt the Recommendations of the Ada County Highway District as follows:
1. If the site plan or use should change in the future, ACHD will review the site plan and may
require improvements to the transportation system at that time.
2. A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a
building permit. Contact ACHD Planning & Development Services at 387-6170 for
information regarding impact fees.
14. The applicant has requested approval of a conditional use permit for a dance studio
offering a variety of dance classes for all ages ranging from 3 to adult. The studio will offer
dancewear, miscellaneous snacks, coffee and soft drinks for sale to their customers. Generally,
classes are 1 hour each with the majority of classes from 4:30 p.m. until 9:30 p.m. Morning classes
will also be held. There will be approximately 10-12 students per class. The subject property is
located in an I-L (Light Industrial) zone. A conditional use permit is required fora "private school"
in that zone. "School, Private Commercial" is defined in the zoning ordinance as: A school,
regardless whether it is operated for profit, primarily devoted to instruction in selected subjects such
as dance, music drama, art, languages, martial arts training, etc. The existingbuilding was approved
through the Certificate of Zoning Compliance process on September 6, 2000. A variance was
approved in September 2000 for a landscape buffer reduction which allowed fewer trees. There is an
existing 25' sewer easement and 40' irrigation easement adjacent to the west property line. No trees
are permitted in this location.
15. It is found that the subject property is not large enough to accommodate the required
landscaping, however, they have obtained a variance which allows reduced landscaping. The MCC
(12-13-5) does not specifically list dance studios. The applicant estimates that they will have 10-12
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT -page 5 of i4
i ~
students per class. Currently, the site has 31 pazking spaces, eight of which aze compact. The total.
square footage of the building is 13,608. Of the nine suites designated in the building, three are
occupied. The applicant proposes to occupy an additional three tenant spaces at a total squaze
footage of approximately 5,000 s.f. In the occupied suites, the main uses aze offices and
warehousing. The ordinance requires one pazking space for each 1,000 square feet of warehouse
area and 1 per 400 s.f. for office use. At minimum, it is rewmmended reserving three parking spaces
for each of the three vacant tenants. Using this calculation would leave a balance of 13 parking
spaces for the dance studio.
16. The current Comprehensive Plan Land Use Map designates the property as
"Industrial". It is found that the proposed use is harmonious with and in accordance with the
Comprehensive Plan. It is further found that the proposed use is in compliance with the Meridian
City Code.
17. The adjacent uses, including Idaho Truss to the north, could be deemed
incompatible with a use that involves children. The applicant has stated that the majority of their
classes are in the evening where the existing industrial uses would be less of a concern, however,
they also hold morning classes and there is concern for the safety of the children.
18. It is not anticipated that the proposed use will have an adverse impact on the other
property in the vicinity.
19. It is found that the proposed development can be adequately served by the
essential public facilities and services.
20. It is found that the proposed use would not create additional requirements at
public cost for public facilities and service, and will not be detrimental to the economic welfare
of the community.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT -page 6 of i4
•
i
21. It is not anticipated that the proposed use will be detrimental to any persons,
property, or the general welfare of the City. and the existing businesses.
22. The site has 2 existing curb cuts off of E. Sa' Street that have been approved by
ACHD and the City of Meridian during the initial building permit process. It is found that the
proposed use will not create significant interference with traffic on the surrounding public streets.
23. It is not found that any natural, scenic or historic feature will be lost, damaged or
destroyed by issuance of this conditional use.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the "Local
Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at
Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian City Council may exercise all the powers required and authorized
under the "Act" except the power to adopt ordinances by the establishment of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Council of the City of Meridian has established by the passage of the "City of Meridian Zoning
and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing and notice
provision required, provide for the process of special and/or conditional use permits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
under the specific provisions of the ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the same
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page ~ of r4
r, i
that the evidential showing supports the finding that the following standards are met and that the
proposed development: (Meridian City Code § 11-17-3)
a. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by this Ordinance;
b. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance;
a That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character of the general
vicinity and that such use will not adversely change the essential chazacter of the same area;
d. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, pazks, police and fire protection, drainage structures,
refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed
conditional use shall be able to provide adequately any such services;
f. That the proposed use will not create excessive additional cost for public
facilities and services and will not be detrimental to the economic welfaze of the community;
g. That the proposed use will not involve activities or processes, materials,
equipment and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glaze or odors;
h. That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create interference with traffic on sunounding public streets; and
i. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
5. Prior to granting a conditional use permit in the Light Industrial District (I-L) a
public hearing shall be conducted with notice to be published and provided to property owners or
purchasers of record within three hundred feet (300') of the external boundaries of the land under
consideration for the conditional use permit all in accordance with the provisions of Meridian
City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as
follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT -page 8 oFi4
"Prior to approving a Conditional Use Permit, the applicant and the Commission and
Council shall follow notice and hearing procedures provided in Chapter 15 of this Title.
Provided, however, that conditional use applications for land in Old Town and in
industrial and commercial districts shall only be required to have one public hearing
which shall beheld before the Planning and Zoning Commission; and after the
recommendation of the Commission is made, the application shall go before the City
Council without a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall ensure that any approval or approval
with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City
of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code §
11-17-6)
7. When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDTI'IONAL USE PERMIT -page 9 of rq
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW,
THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT
AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does
Order that:
That the above named applicant is granted a conditional use permit for a dance
studio in the I-L zone located at 269 E. 5a' Avenue, Meridian, Idaho, subject to the following
condifions of use and development, subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
All exterior lighting, whether attached to the building or located within the pazking lot, shall
be down-shielded or otherwise altered so that the light does not spill over onto adjacent
properties orright-of--way. All pazking lot lighting shall be in accordance with Ordinance 11-
13-4C.
2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City
Zoning and Development Ordinance. All new signage is subject to design review and shall
require separate permits. Temporary or portable signs shall be prohibited, and shall be
removed upon 3 days notice to the applicant.
3. All construction and site improvements shall conform to the requirements ofthe Americans
with Disabilities Act.
4. As part of a conditional use permit, the City of Meridian may impose additional
restrictions/conditions.
5. Any conditions added by the Planning & Zoning Commission or City Council pertaining to
the parking lot shall be complied with prior to occupancy.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Provide afire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire
hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT -page io of r4
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. All internal roads shall have a turning radius of 28' inside and 48' outside.
4. All access roads within the proj ect shall have a clear driving surface with a minimum width of
20' available at all times. UFC 902.2.2.1
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
6. Provide a fire alarm system if required.
Comply with the applicable sections of the Fire Code in particular the section on Exiting
requirements.
C. Adopt the Recommendations of Sanitary Service as follows:
Waste generation and service needs are unknown at this time, but can be arranged at a later
date, applicant shall call Sanitary Service for an evaluation.
D. Adopt the Recommendations of the Ada County Highway District as follows:
If the site plan or use should change in the future, ACHD will review the site plan and may
require improvements to the transportation system at that time.
A traffic impact fee maybe assessed by ACHD and will be due prior to the issuance of a
building permit. Contact ACHD Planning & Development Services at 387-6170 for
information regazding impact fees.
2. The conditions shall be reviewable by the Council pursuant to Meridian City Code
§ 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page n of 1q
Works Department and any affected party requesting notice.
NOTICU OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION
Please take notice that the conditional use permit shall be valid for a maximum period of
eighteen (18) months unless otherwise approved by the council. During this time, the permit
holder must commence the use as permitted in accordance with the conditions of approval,
satisfy the requirements set forth in the conditions of approval, acquire building permits and
commence construction of permanent footings or structures on or in the ground. In this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
has specified in the application and to the commission and council a construction schedule and
completion date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
month period. For peojects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase. In the event that the development is made in successive contiguous segments or
multiple phases, such phases shall be constructed within successive intervals of one year from the
original date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-
4.B.)
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT -page i2 of iq
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review maybe filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an
interest in real property which may be adversely affected by the issuance or denial of the
conditional use permit approval may within twenty-eight (28) days after the date of this decision
and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regulaz meeting held on the ~Z~ day of
2003.
ROLL CALL:
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE Mc LANDLESS
COUNCILMAN WILLIAM L.M. NARY
VOTED f/~~
VOTED~~
VOTED~~'
VOTED 7 ~~
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: ~ZZ_~3
MOTION:
APPROVED:(. DISAPPROVED:
/T ~
Mayor Robert D. Come
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT -page 13 of i4
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Attest: ~ Cif ,;~mc~gq ~'9~jr '~;
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i iam G. Berg, Jr, City erk ,9 ~G ,e° O
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Copy served upon Applicant, Planning and Zon`iifgrDepartirient, Public Works ~.~~`°y O~ -u9ERj~ +.,,~
Department and the City Attorney.
BY:
City Clerk
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Z:\Work\M\MeridianlMeridiao 15360MVSandy's Danceworks CUP 03 02TFtCIsCUP03-027.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT -page i4 of iq
BEFORE THE CITY COUNCIL, OF THE CITY OF MERIDIAN
C/C 07/15/03
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR APPROVAL
FOR A DANCE STUDIO USE IN AN
I-L ZONE, LOCATED AT 269 EAST
5TH AVENUE, MERIDIAN, IDAHO
Case No. CUP-03-027
ORDER GRANTING
CONDITIONAL USE PERMIT
SANDY'S DANCEWORK'S, LLC,
APPLICANT
This matter coming before the City Council on July15, 2003, under the provisions
of Meridian City Code § 11-17-4 for final action on conditional use permit application and the
Council having received and approving the Recommendation of the Planning and Zoning
Commission the Council takes the following action:
2. That the above named applicant is granted a conditional use permit for a dance
studio in the I-L zone located at 269 E. 5`" Avenue, Meridian, Idaho, subject to the following
conditions of use and development:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
All exterior lighting, whether attached to the building or located within the parking lot, shall
be down-shielded or otherwise altered so that the light does not spill over onto adjacent
properties orright-of--way. All parking lot lighting shall be in accordance with Ordinance 11-
13-4C.
2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City
ORDER CONDITIONAL USE PERMIT
(CUP-03-027)
PAGE 1 OF 5
s •
Zoning and Development Ordinance. All new signage is subject to design review and shall
require separate permits. Temporary or portable signs shall be prohibited, and shall be
removed upon 3 days notice to the applicant.
All construction and site improvements shall conform to the requirements of the Americans
with Disabilities Act.
4, As part of a conditional use permit, the City of Meridian may impose additional
restrictions/conditions.
5. Any conditions added by the Planning & Zoning Commission or City Council pertaining to
the parking lot shall be complied with prior to occupancy.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
Provide afire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire
hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. All internal roads shall have a turning radius of 28' inside and 48' outside.
4. All access roads within the project shall have a clear driving surface with a minimum width of
20' available at all times. UFC 902.2.2.1
5. Operational fire hydrants and temporary or permanent street signs aze required before
combustible construction begins. UFC 901.4.2 & 901.3
6. Provide a fire alarm system if required.
7. Comply with the applicable sections of the Fire Code in particulaz the section on Exiting
requirements.
C. Adopt the Recommendations of Sanitary Service as follows:
Waste generation and service needs aze unknown at this time, but can be arranged at a later
date, applicant shall call Sanitary Service for an evaluation.
ORDER CONDITIONAL USE PERIVIIT
(CUP-03-027)
PAGE 2 OF 5
•
C~
D. Adopt the Recommendations of the Ada County Highway District as follows:
If the site plan or use should change in the future, ACHD will review the site plan and may
require improvements to the transportation system at that time.
2. A traffic impact fee maybe assessed by ACHD and will be due prior to the issuance of a
building permit. Contact ACHD Planning & Development Services at 387-6170 for
information regazding impact fees.
The above conditions aze concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable without
complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to
this permit.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT
DURATION
Please take notice that the condifional use permit shall be valid for a maximum period of
eighteen (I 8) months unless otherwise approved by the council. During this time, the permit
holder must commence the use as permitted in accordance with the conditions of approval,
satisfy the requirements set forth in the wnditions of approval, acquire building permits and
commence construction of permanent footings or structures on or in the ground. In this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
has specified in the application and to the commission and council a construction schedule and
completion date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
ORDER CONDTTIONAL USE PERMIT
(CUP-03-027)
PAGE 3 OF 5
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase. In the event that the development is made in successive contiguous segments or
multiple phases, such phases shall be constructed within successive intervals of one year from the
original date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-
4.B.)
NOTICE OF RIGHT TO REGULATORY TAHINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in wrifing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review maybe filed.
By action of the City Council at its regular meeting held on the
C7~ Gt,e~. , 2003.
~~ ~"~ day of
Robert D. Co ' , ayor City of Meridian
ORDER CONDTTIONAL USE PERMTI'
(CUP-03-027)
PAGE 4 OF 5
Attest: ~~\~~~pf ME~y~9,,,~
G `~~o~oRy ~a y ~,
e = SEAL
William G. Berg, Jr, City lerl 9GC ,~~ E
90 ~sr 3st , ~O ~~
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney. ~~~~""""""+~+,,
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ORDER CONDTTIONAL USE PERMIT
(CUP-03-027)
PAGE 5 OF 5